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| Encroachment on forest land in village Kanuiyan’ | | DFO Poonch seeks revocation status-quo order | | Rajesh Tandon
Early times report
Jammu, Dec 28: Quoting opinion of law department related to issues of forest land, the DFO Poonch has sought revocation of status-quo ordered by the office of Additional Commissioner, Jammu to further lead the evection process initiated by the latter.
According documents available with Early Times the DFO Poonch vide letter no DFO/PFD/1982-86 dated 24/12/2019 said, “Since your court has neither jurisdiction in the matter of forest department nor direction/order of revenue court is binding on forest department, therefore direction is not binding on forest department it is requested to dispose off the case immediately against forest department.”
The DFO further said that based on above-mentioned point, it is informed that undersigned as Estate Officer has processed eviction case u/s 48-A of AK Forest Act wherein court of Addl. Commissioner is having no say. The appeal against Eviction Orderlies with Tribunal at Jammu.
“Moreover, in case of any uncertainty in the above mentioned case, opinion from law department to get clarification as referred vide letter no. LD(Estt) 2017/Notices dated:- 28-12-2018 Dept. of Law, Justice & Parliamentary affairs, civil secretariat, Jammu”, the DFO wrote to Additional commissioner.
Earlier the DFO Poonch as Estate Officer has initiated proceedings u/s 48-A regarding encroachment on forest land in Khasra No. 694 Village Kanuiyan against Iqbal Hussain and Tufail Hussain through notices dated 31-08-2019 and final eviction order dated:- 14-09-2019 after giving due opportunity of being heard and considering requisite revenue records.
“Though both parties have filed an appeal against Eviction order in the Tribunal. The Tribunal has passed an order dated 18-09-2019 of stay of eviction order mainly after perusal of letter no. ADCP/AS/114-16 dated:- 30-07-2019 of Addl. Commissioner Poonch categorically stating that Khasra No. 694 is not forest land”, sources said, adding that it was surprising to note that the letter has been issued at the time when Court of Addl. Commissioner Poonch has not finalized the status of Khasra No. 694 in case of an appeal under trial in his court.
Meanwhile, J&K Vigilance Commission J&K has also sought a joint report from the revenue department and forest department to ascertain the eligibility of Iqbal Hussain and Tufail Hussain for acquiring ownership rights over land in khasra no. 694 under LB-6/C & S-432.
District Collector (Deputy Commissioner) Poonch through an order dated:- 22-11-2019 has declared illegal revenue records in favour of Iqbal Hussain and Tufail Hussain in Khasra no. 694 area measuring 15 Kanal village Kanuiyan void ab-initio as Khasra No. 694 is forest land and Govt Order LB-6/C of 1985 & S-432 of 1966 shall not apply to a demarcated forest or forest land. |
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